Writing in a gun possession case over whether the federal government and states can prosecute someone separately for the same crime, Thomas said the court should reconsider its standard for reviewing precedents. Thomas said the nine justices should not uphold precedents that are 'demonstrably erroneous
- Justice Clarence Thomas on Monday urged the U.S. Supreme Court to feel less bound to upholding precedent, advancing a view that if adopted by enough of his fellow justices could result in more past decisions being overruled, perhaps including the landmark 1973 Roe v. Wade decision that legalized abortion nationwide.
"When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it," wrote Thomas, who has long expressed a greater willingness than his colleagues to overrule precedents. "Thomas says legal questions have objectively correct answers, and judges should find them regardless of whether their colleagues or predecessors found different answers," said Jonathan Entin, a law professor at Case Western Reserve University in Cleveland."Everyone is concerned about this because they're thinking about Roe v. Wade."The Thomas opinion focused on"stare decisis," a Latin term referring to the legal principle that U.S.
Writing for a 7-2 majority, Rehnquist wrote that regardless of concerns about Miranda's reasoning,"the principles of stare decisis weigh heavily against overruling it now." Thomas joined Justice Antonin Scalia's dissent from that decision. But even Scalia, a conservative who died in 2016, had a different view of stare decisis.
Justice Stephen Breyer, a member of the court's liberal wing, dissented, faulting the majority for overruling"a well-reasoned decision that has caused no serious practical problems." Citing the 1992 Casey ruling, Breyer said the May decision"can only cause one to wonder which cases the Court will overrule next."
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